Guest Op-Ed by Michael P. Mezzacappa
Dozens of Battery Energy Storage System (BESS) facilities are currently proposed or being built in some of New York City’s tightest-knit communities. As policymakers prioritize climate goals over the health and safety of neighborhoods like Middle Village and, most recently, St. Albans, residents are right to be concerned.
The push for battery storage centers is born out of the desire to cut greenhouse gas emissions. The New York Climate Leadership and Community Protection Act (NYCLCPA) calls for cutting emissions 40% by 2030 and 85% by 2050. However, this law totally disregards the reality of fire science, which is within my area of the practice of law.
Toxic Chemicals Forced Fire- fighters to Let Fires Burn Out
While the FDNY is the best and most experienced in confronting fires and fatalities from small-scale lithium-ion battery fires – 277 toxic fires in 2024 – it’s entirely different on an industrial scale. Lithium-ion batteries burn hotter and faster, requiring much more water to extinguish. In fact, incidents involving these are more akin to an explosion, followed by a fire. Putting aside the fact that harvesting lithium has grave environmental consequences, including emitting 15 tons of carbon dioxide for every 1 ton of lithium harvested, New York is rushing too far, too fast down this road. Consider what happened this past January at the Moss Landing Power Plant, about 90 minutes south of San Francisco. While the facility has now caught fire on five separate occasions, the scale of the January 2025 blaze was incomparable. Due to the emissions of hydrogen fluoride and other toxic chemicals, firefighters were forced to let the fire burn itself out, rather than risking severe damage to their own lungs along with that of members of the surrounding community. Upwards of 1,200 people were forced to evacuate and in the days that followed, community residents report- ed feeling unwell.
While that west coast power plant had the benefit of being over half a mile from any built-up residential areas, imagine such a fire in a crowded New York residential neighborhood like St. Albans, where the latest planned BESS center is set to go up across from the St. Albans Veterans Hospital, on the site of a former gas station, where the underground gas tanks have been left in place for decades.
The borough is already home to 16 other functional BESS centers, only accounting for a minuscule 11.9 megawatts, the equivalent to power less than 12,000 homes. At least 14 more are planned for the borough, putting our homes and schools in the shadow of these potentially hazardous facilities. The FDNY deserves credit for its successful crackdown on illegal manufacturing and battery repair sites, and their ingenious use of specialized fire blankets to smother lithium-ion fires. Having litigated dozens of cases involving building infernos that resulted from lithium- ion batteries, I can personally attest to the insurance underwriting nightmare these massive scale facilities pose.
Most Batteries are From China – Companies Uninsured
What the BESS sponsors might not tell you is that the U.S. currently gets most of its lithium-ion batter- ies from China. It’s relevant because the producers responsible for mak- ing these batteries never respond to a single court summons and are, in the majority of cases, completely uninsured. Also, attorneys often cannot obtain jurisdiction over the manufacturer or the supplier of the batteries due to laws that, in many instances, favor foreign countries more than our own citizens. When something goes wrong, buyer beware!
Directly Across From PS 128
Yet while most new commercial, industrial or residential buildings here are required to have sprinkler systems, there is no current fire suppression technology capable of confronting industrial-sized lithium-ion battery fires.
While the FDNY has specialized fire blankets that can cover an electric vehicle, is it even possible to deploy one to cover an entire industrial building? The countless families in Middle Village, where a BESS facility is planned directly across from K-8 school PS 128, should be rightly concerned, as should those living near the 250-bed St. Albans VA Medical Center.
While New York City law prohibits smoking within 100 feet of a school building, why on earth can it be sensible to put a building packed full of materials that can emit toxic fumes when set alight, adjacent to a school, or a hospital serving our veterans?
As New York recklessly gallops ahead with building more BESS facilities, it should heed the concerns of its citizens before it is too late. The instability of lithium-ion batteries will simply not go away because they want it to. The time has come for a moratorium on any further construc- tion of BESS centers, near schools and residential neighborhoods.
Michael Mezzacappa, a partner and general counsel with New York-based Coffey Modica, represents insurers, property owners, managing agents and other professionals in major litigations that include lithium-ion battery explosions and fires.
